Inmate's sex-change bid costly
Denise Lavoie (Associated Press)
Issue date: 6/28/07 Section: News
"The duty belongs to the prison to figure out how to fulfill its constitutional obligations to both provide adequate medical care and provide a fundamental security for all inmates," said Cole Thaler, an attorney with Lambda Legal, a gay- and transgender-rights group.
Kosilek, 58, was convicted of strangling his wife in 1990. He claimed he killed her in self-defense after she spilled boiling tea on his genitals.
Robert Kosilek legally changed his name to Michelle in 1993, and has sued the Correction Department twice, arguing that its refusal to allow a sex-change operation violates the Eighth Amendment protection against cruel and unusual punishment.
In 2002, U.S. District Judge Mark Wolf ruled that Kosilek was entitled to medical treatment for gender identity disorder, but stopped short of ordering the surgery. Kosilek sued again in 2005, arguing that the hormone treatments, laser hair removal and psychotherapy she has received since Wolf's ruling have not relieved her anxiety and depression.
"I would not want to continue existing like this," Kosilek testified.
Kosilek's second trial, which began in May 2006, has featured expert testimony from 10 doctors, psychiatrists and psychotherapists. Wolf has not indicated when he will rule.
The Correction Department has spent about $33,000 on two experts it retained to evaluate Kosilek. Both Cynthia Osborne, a Baltimore psychotherapist, and Chester Schmidt, a psychiatry professor at Johns Hopkins University, said Kosilek does not need the surgery. Schmidt's fee alone was $350 per hour.
Two other doctors retained and paid for by the department's outside health provider, the University of Massachusetts Correctional Health Program, at a cost of just under $19,000 said they believe the surgery is medically necessary for Kosilek. Two other doctors who work for the health provider agreed with that.
In addition, two psychiatrists who testified for Kosilek recommended the surgery. A Boston law firm representing Kosilek for free paid for those experts but would not disclose the cost.
In Wisconsin, five inmates sued after the Legislature passed a law that bars Correction Department funding for hormone treatments or sex-change surgery. The case is expected to go to trial in October.
Those who argue against allowing the surgery say it could open the floodgates to others who want sex-change operations or other treatments considered elective.
In Massachusetts, 10 inmates have been diagnosed with gender identity disorder and are receiving hormone treatments. Two other inmates besides Kosilek have asked for sex-change surgery.
Corrections officials say their decision to deny the surgery has nothing to do with costs or the politics of crime. They cite the testimony of their experts and Kosilek himself that her feelings of depression have diminished since she began taking hormones.
Former Commissioner Kathleen Dennehy testified that allowing Kosilek to complete the transformation into a woman would present a security problem.
Kosilek, 58, was convicted of strangling his wife in 1990. He claimed he killed her in self-defense after she spilled boiling tea on his genitals.
Robert Kosilek legally changed his name to Michelle in 1993, and has sued the Correction Department twice, arguing that its refusal to allow a sex-change operation violates the Eighth Amendment protection against cruel and unusual punishment.
In 2002, U.S. District Judge Mark Wolf ruled that Kosilek was entitled to medical treatment for gender identity disorder, but stopped short of ordering the surgery. Kosilek sued again in 2005, arguing that the hormone treatments, laser hair removal and psychotherapy she has received since Wolf's ruling have not relieved her anxiety and depression.
"I would not want to continue existing like this," Kosilek testified.
Kosilek's second trial, which began in May 2006, has featured expert testimony from 10 doctors, psychiatrists and psychotherapists. Wolf has not indicated when he will rule.
The Correction Department has spent about $33,000 on two experts it retained to evaluate Kosilek. Both Cynthia Osborne, a Baltimore psychotherapist, and Chester Schmidt, a psychiatry professor at Johns Hopkins University, said Kosilek does not need the surgery. Schmidt's fee alone was $350 per hour.
Two other doctors retained and paid for by the department's outside health provider, the University of Massachusetts Correctional Health Program, at a cost of just under $19,000 said they believe the surgery is medically necessary for Kosilek. Two other doctors who work for the health provider agreed with that.
In addition, two psychiatrists who testified for Kosilek recommended the surgery. A Boston law firm representing Kosilek for free paid for those experts but would not disclose the cost.
In Wisconsin, five inmates sued after the Legislature passed a law that bars Correction Department funding for hormone treatments or sex-change surgery. The case is expected to go to trial in October.
Those who argue against allowing the surgery say it could open the floodgates to others who want sex-change operations or other treatments considered elective.
In Massachusetts, 10 inmates have been diagnosed with gender identity disorder and are receiving hormone treatments. Two other inmates besides Kosilek have asked for sex-change surgery.
Corrections officials say their decision to deny the surgery has nothing to do with costs or the politics of crime. They cite the testimony of their experts and Kosilek himself that her feelings of depression have diminished since she began taking hormones.
Former Commissioner Kathleen Dennehy testified that allowing Kosilek to complete the transformation into a woman would present a security problem.
Viewing Comments 1 - 2 of 2
Shannan Washington
posted 7/03/07 @ 9:46 AM MST
This is outrageous and stupid. What has our justice system become-a playground for convicts. I cannot believe that a judge would seriously consider this notion. (Continued…)
JIMMY TAYLOR
posted 1/07/08 @ 3:25 PM MST
It is interesting to me that this issue of gender change is so news worthy. There is no doubt that a change for some is as necessary as any procedure. (Continued…)
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